Legal Opinion

Kilgore v. Northwest Texas Baptist Educational Ass'n

Texas Supreme Court

Decided November 9, 1896PublishedCited by 83 opinions

Error to Court of Civil Appeals, for Second District, in an appeal from Wise County. The Educational Association sued Kilgore and the sureties on his bond, given to secure "compliance with his contract to erect a building for them, for damages from his failure to complete the contract, and recovered a judgment for four hundred dollars, which, on appeal by defendants, was affirmed, whereupon appellants procured writ of error.

1Opinion of the Court

BROWN, Associate Justice.

The defendant in error, a private corporation, instituted this suit against the plaintiffs in error upon a bond, given by S. C. Kilgore as principal and the others as sureties, to secure the fulfillment of a contract made on the part of Kilgore with the defendant in error, to construct a three-story stone building. Defendant in error recovered a judgment against the plaintiffs in error for the sum of $400.

The petition averred in substance the making of the contract for the construction of the building in question according to plans and specifications drawn by W. A.…

2Cases cited4 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. Smoot's CaseSupreme Court of the United States · 1873
  3. Kadish v. YoungIllinois Supreme Court · 1883
  4. Holloway v. GriffithSupreme Court of Iowa · 1871

3Cited by83 opinions

  1. Pollack v. PollackTexas Commission of Appeals · 1931
  2. Pollack v. PollackTexas Commission of Appeals · 1932
  3. Townewest Homeowners Ass'n v. Warner Communication Inc.Court of Appeals of Texas · 1992
  4. Texas Seed & Floral Co. v. Chicago Set & Seed Co.Court of Appeals of Texas · 1916
  5. Moore v. JenkinsTexas Supreme Court · 1919

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